ORDER

Civil Appeal No.5130 of 2009

1. Heard learned counsel for the parties.

2. This Appeal has been filed against the impugned judgment and order dated 06th March, 2006 passed by the High Court of Uttarakhand at Nainital in Writ Petition No. 140/2005. The facts have been set out in the impugned judgment and hence we are not repeating the same here except wherever necessary.

3. The respondents herein were appointed on adhoc officiating post in the year 1988 for a fixed term which was continued. They were regularised in the year 2004 under the Uttaranchal Regularization of Ad Hoc Appointments (Posts under the purview of Public Service Commission) Rules, 2002 ( for short ‘the Rules’). The respondents claimed benefit of their service from 1988 to 2004 for the purpose of seniority and this has been granted by the High Court. Hence, this appeal.

4. We are afraid, we cannot agree with the view taken by the High Court.

Rule 7(1) of the Rules states as under:

“A person appointed under these rules shall be entitled to seniority only from the date of order of appointment after selection in accordance with these rules and shall, in all cases, be placed below the persons appointed in accordance